About Sharee Council

Islam – An Eternal Way of Life

Islam is more than just a religion – it is a complete way of life and to follow it is to follow a definitive code of conduct. Not only does Islamic legislation relate to belief and worship, but for a Muslim, ALLAH (SWT) has also divinely ordained the economic and social aspects of his or her life. Therefore, it is imperative for a Muslim, regardless of his place of residence, that not only does he live in accordance with the law of the land in which he resides, but that he abides by the dictates of Islamic law, (Shariah law) as well.

Muslim Britain

The rising Muslim population of the United Kingdom has naturally resulted in the Muslims encountering many social problems, particularly on the domestic front. Furthermore, it was ascertained that the vast majority of these problems stemmed from ignorance to the Islamic rules and regulations regarding marriage and divorce. It was therefore decided after consultation, to form a ‘Council for Shariah Research’ comprising of a body of Scholars. This was set up in early 1994 in Dewsbury, West Yorkshire, and is tirelessly continuing its service to the Muslim public to the present day. In recognising its urgent need and importance, the facts speak for themselves; to this date, over 700 cases have had the benefit of having been given a clear legal ruling by the Council for Shariah Research – only ALLAH (SWT) knows how many more have not.

The Need for a Sharee Council

A civil marriage in Britain requires a man and a woman to accept each other in the presence of two witnesses in the Registrar’s Office, whether they have conducted an Islamic marriage (Nikah) is immaterial. Similarly, a civil divorce requires the petitioner (husband or wife) to file a divorce petition at court with the Judge finalising the divorce with a decree absolute.

The Scholars have recommended the establishment of Sharee Councils presided by Islamically qualified Qadhis to consider the fate of unhappy marriages in which the couple can’t agree an Islamic divorce, and to declare them annulled if necessary after careful consideration in the light of Islamic Shariah.

In the event of the rights of the woman being abused, she is being subjected to both physical and psychological abuse, domestic life becomes unbearable, and in the words of the Qur’an, ‘her life hangs in the balance’ (i.e. she is neither able to continue as a wife happily, nor is she able to break away and remarry), then a Qadhi (Islamic Judge), can decide according to the Shariah upon separation. However, in Non-Muslim countries, the judgement of a Non-Muslim judge is often not binding according to Islamic Shariah law and the woman still requires the judgement of a Qadhi to declare her marriage annulled, clearing the way for her to legally remarry and continue with her life.

Harmony with British Law

There is a common misconception that to follow Shariah law means that Muslims do not have to abide by British law. This is incorrect – as long as the dictates of Islamic law are not breached, Islam advises its adherents to follow the law of the land – and thankfully there are no British laws oppressing Muslims and forcing them to break the command of ALLAH (SWT). Indeed, there are many similarities between English and Islamic family law. One such example is the law relating to custody of the child. According to English law, both parents who have been parties to a marriage retain parental responsibility of the child, until the child reaches majority, which in English law is the age of 18. Islamic law says the same, with the only difference being that Islamically the child reaches majority when he or she reaches the age of puberty. Another example of the fact that both legal systems share the same principles and that they can therefore coexist is in relation to the very important issue of reconciliation. In English law, solicitors should always find out from the client whether there is any prospect of reconciliation. Similarly, when a case is brought to the Sharee Council, after initially notifying both parties that the Sharee Council is involved, both parties are invited to attend and participate in a meeting where they can discuss the relevant issues and the possibility of reconciliation. There are many similarities and ways in which the two legal systems can coexist, but for the sake of brevity we have mentioned only two. Recognition An important sign that the work carried out by the Sharee Council is widely recognised is shown by the amount of cases that are referred to us by women’s groups and forums. Furthermore, we are now getting more and more letters from solicitors acting for parties, asking us to help resolve the problem Islamically, in conjunction with English divorce proceedings.

The Sharee Council works closely with authorities when the need arises and is mindful of issues relating to Domestic Abuse and Child Protection.